Disciplinary Sanctions. Violation of the Agreement, any material misrepresentation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Coach that the Company reasonably believes may damage its reputation or goodwill, or which results in or is designed to manipulate the Compensation Plan or any incentive offered by the Company, may result in the suspension or termination of the Coach’s OPTAVIA business, and/or any other measure that OPTAVIA deems appropriate to address the misconduct, including, but not limited to the following: a. Issuance of a written warning; b. Requirement of the Coach to take immediate corrective action; c. Clawing back commissions; d. Imposition of a fine, which may be withheld from commissions; e. Restriction of Back-Office access; f. Loss of rights to one or more bonus and commission checks; g. Withholding of all or part of any bonuses and commissions during the investigation period (if a Coach’s Agreement is canceled for disciplinary reasons, the Coach will not be entitled to recover any commissions or bonuses withheld during the investigation period); h. Suspension of the Coach’s business with loss of earnings; i. Reassignment of Clients or Coaches to another Coach; j. Termination of the Coach’s business; k. Equitable resolution by any other measure the Company deems appropriate to resolve the injuries caused by the Coach’s violation or contractual breach. In situations deemed appropriate by OPTAVIA, the Company may institute legal proceedings for monetary and/or equitable relief. Upon imposition of a disciplinary sanction(s), the Company shall immediately notify the Coach by mail and/or e-mail. The Company will also notify the Coach’s Sponsor and first qualified Executive Business Leader. Individuals or Business Entities terminated for disciplinary reasons may not re-enroll as a Coach. See the OPTAVIA Procedures for Details on Appealing Disciplinary Sanctions.
Appears in 3 contracts
Samples: Independent Optavia Coach Agreement, Independent Optavia Coach Agreement, Independent Optavia Coach Agreement
Disciplinary Sanctions. Violation of the Agreement, any material misrepresentation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Coach that the Company reasonably believes may damage its reputation or goodwill, or which results in or is designed to manipulate the Integrated Compensation Plan or any incentive offered by the Company, may result in the suspension or termination of the Coach’s OPTAVIA business, and/or any other measure that OPTAVIA deems appropriate to address the misconduct, including, but not limited to the following:
a. Issuance of a written warning;
b. Requirement of the Coach to take immediate corrective action;
c. Clawing back commissions;
d. Imposition of a fine, which may be withheld from commissions;
e. Restriction of Back-Office access;
f. Loss of rights to one or more bonus and commission checks;
g. Withholding of all or part of any bonuses and commissions during the investigation period (if a Coach’s Agreement is canceled for disciplinary reasons, the Coach will not be entitled to recover any commissions or bonuses withheld during the investigation period);
h. Suspension of the Coach’s business with loss of earnings;
i. Reassignment of Clients or Coaches to another Coach;
j. Termination of the Coach’s business;
k. Equitable resolution by any other measure the Company deems appropriate to resolve the injuries caused by the Coach’s violation or contractual breach. In situations deemed appropriate by OPTAVIA, the Company may institute legal proceedings for monetary and/or equitable relief. Upon imposition of a disciplinary sanction(s), the Company shall immediately notify the Coach by certified mail and/or (with a copy sent via e-mail). The Company will also notify the Coach’s Sponsor and first qualified Executive Business LeaderGlobal Director. Individuals or Business Entities terminated for disciplinary reasons may not re-enroll as a Coach. See the OPTAVIA Procedures for Details on Appealing Disciplinary Sanctions.
Appears in 1 contract
Samples: Independent Optavia Coach Agreement
Disciplinary Sanctions. Violation of the Agreement, any material misrepresentation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Coach that the Company reasonably believes may damage its reputation or goodwill, or which results in or is designed to manipulate the Integrated Compensation Plan or any incentive offered by the Company, may result in the suspension or termination of the Coach’s OPTAVIA business, and/or any other measure that OPTAVIA deems appropriate to address the misconduct, including, but not limited to the following:
a. Issuance of a written warning;
b. Requirement of the Coach to take immediate corrective action;
c. Clawing back commissions;
d. Imposition of a fine, which may be withheld from commissions;
e. Restriction of Back-Office access;
f. Loss of rights to one or more bonus and commission checks;
g. Withholding of all or part of any bonuses and commissions during the investigation period (if a Coach’s Agreement is canceled for disciplinary reasons, the Coach will not be entitled to recover any commissions or bonuses withheld during the investigation period);
h. Suspension of the Coach’s business with loss of earnings;
i. Reassignment of Clients or Coaches to another Coach;
j. Termination of the Coach’s business;
k. Equitable resolution by any other measure the Company deems appropriate to resolve the injuries caused by the Coach’s violation or contractual breach. In situations deemed appropriate by OPTAVIA, the Company may institute legal proceedings for monetary and/or and/ or equitable relief. Upon imposition of a disciplinary sanction(s), the Company shall immediately notify the Coach by mail and/or via the e-mailmail that the Coach has on file with the Company. The Company will also notify the Coach’s Sponsor and first qualified Executive Business LeaderGlobal Director. Individuals or Business Entities terminated for disciplinary reasons may not re-enroll as a Coach. See the OPTAVIA Procedures for Details on Appealing Disciplinary Sanctions.
Appears in 1 contract
Samples: Independent Optavia Coach Agreement
Disciplinary Sanctions. Violation of the Agreement, any material misrepresentation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Coach that the Company reasonably believes may damage its reputation or goodwill, or which results in or is designed to manipulate the Integrated Compensation Plan or any incentive offered by the Company, may result in the suspension or termination of the Coach’s OPTAVIA business, and/or any other measure that OPTAVIA deems appropriate to address the misconduct, including, but not limited to the following:
a. Issuance of a written warning;
b. Requirement of the Coach to take immediate corrective action;
c. Clawing back commissions;
d. Imposition of a fine, which may be withheld from commissions;
e. Restriction of Back-Office access;
f. Loss of rights to one or more bonus and commission checks;
g. Withholding of all or part of any bonuses and commissions during the investigation period (if a Coach’s Agreement is canceled for disciplinary reasons, the Coach will not be entitled to recover any commissions or bonuses withheld during the investigation period);
h. Suspension of the Coach’s business with loss of earnings;
i. Reassignment of Clients or Coaches to another Coach;
j. Termination of the Coach’s business;
k. Equitable resolution by any other measure the Company deems appropriate to resolve the injuries caused by the Coach’s violation or contractual breach. In situations deemed appropriate by OPTAVIA, the Company may institute legal proceedings for monetary and/or and/ or equitable relief. Upon imposition of a disciplinary sanction(s), the Company shall immediately notify the Coach by mail and/or via the e-mailmail that the Coach has on file with the Company. The Company will also notify the Coach’s Sponsor sponsor and first qualified Executive Business Leaderother members of the Coach’s upline of the disciplinary sanctions, as the Company deems appropriate. Individuals or Business Entities terminated for disciplinary reasons may not re-enroll as a Coach. See the OPTAVIA Procedures for Details on Appealing Disciplinary Sanctions.
Appears in 1 contract
Samples: Independent Optavia Coach Agreement